ENVIRONMENTAL RACISM IN BRAZILIAN PUBLIC POLICIES: AN ANALYSIS OF THE ENVIRONMENTAL CRIMES LAW (LAW n. 9.605/1998)

UMA ANÁLISE SOBRE A LEI DE CRIMES AMBIENTAIS (LEI Nº 9.605/1998)

Abstract

The Environmental Crimes Law, created to consolidate sanctions for environmental crimes, introduced a significant innovation: holding legal entities liable for environmental damage. However, when environmental damage occurs, the affected area and those who depend on it are directly affected in their quality of life, culture, and development. When a group considered a social minority is disproportionately affected by economic, environmental, and social problems, environmental racism takes hold. This research aimed to understand how this law maintains issues connected to environmental racism, with the state's failure to hold economic and social responsibility and provide reparations to affected groups. It was based on a literature review using the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) method. Nine legal norms and 20 bibliographical works were obtained for analysis conditioned on the Environmental Crimes Law. The conclusion was that, despite the progress made since the law's enactment in 1998, it perpetuates environmental racism by failing to compensate groups directly affected by environmental crimes for their damages. This means that the foundations of development and sustainability are largely ineffective for these groups, as their vulnerability makes it difficult to perpetuate their ways of life, which are supported by the conservation and use of natural resources.